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Sultan Agung Notary Law Review
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 26864428     DOI : 10.30659
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the editorial team publishes them four (4) times a year they are in March, June, September and December. This shows the credibility and prestige of the SANLaR journal is getting better and known to many people. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
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Search results for , issue "Vol 7, No 4 (2025): December 2025" : 9 Documents clear
Legal Protection for People with Disabilities in the Making of Authentic Notary Deeds Nor Hariani, Dea; Hanim, Lathifah
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.393-405

Abstract

Legal protection for persons with disabilities in the making of authentic deeds is an important issue in notarial practice in Indonesia. Although constitutionally every citizen has equal status before the law as specified in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, in practice persons with disabilities still face various obstacles in accessing legal services, particularly in the making of authentic deeds before a notary. These obstacles arise from regulatory, technical, and cultural aspects, especially concerning formal requirements such as signing the deed, the use of sign language interpreters for the deaf, and the reading of the deed for the blind. This research employs a normative legal research method. The approaches used are the statute approach, the conceptual approach, and the case approach by examining the Supreme Court Decision Number 121 K/Pdt/2016 as the main secondary legal material. The type of data used is qualitative with secondary data obtained through literature study, while data analysis was carried out descriptively and analytically. The results of the research indicate that the legal status of persons with disabilities in the making of authentic deeds has not been optimally protected due to normative gaps in the Notary Law, which does not explicitly regulate reasonable accommodation. Supreme Court Decision Number 121 K/Pdt/2016 affirms that physical limitations do not eliminate the legal capacity of persons with disabilities, thereby confirming their right to conduct legal acts. The decision has become progressive jurisprudence that provides substantive legal protection, promotes inclusive notarial practices, and aligns with Law Number 8 of 2016 on Persons with Disabilities, the principles of justice in Islam, and Social Justice as enshrined in Pancasila.
Notary's Responsibility for the Inheritance Deed Regarding Legal Risks for the Heirs Wicaksono, Katon
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.338-350

Abstract

This study discusses the notary's responsibility for inheritance certificates regarding legal risks for heirs. Inheritance issues are one of the issues that often cause disputes. Inheritance is closely related to property. Conflicts about inheritance generally revolve around two things: who is the heir and how much each heir's share is. A notary is a public official who is solely authorized to make authentic deeds. One of the deeds made by a notary is an Inheritance Certificate. The objectives of this study are to analyze: 1) The notary's responsibility for the inheritance certificate he/she makes. 2) The legal provisions in making inheritance certificates to avoid legal risks for heirs. This research method is normative juridical research with a statute approach. The type of research is normative. The data sources in this study are secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In this study, data collection was carried out through a literature study and then analyzed using legal prescriptive methods. The results of this study indicate that the notary's responsibility for the deed of inheritance statement he made has a big influence on the heirs, because if the making is not in accordance with the applicable provisions, it will cause disputes. In making a deed of inheritance statement, the notary must be careful in making the deed of inheritance because it can cause undesirable things and legal provisions in making a deed of inheritance statement to avoid legal risks for the heirs. In making a deed of inheritance statement, the community must pay attention to the legal provisions or conditions that must be met, so that the heirs avoid legal risks and the notary avoids legal risks, the notary before making a Certificate of Inheritance, the notary needs to carry out formalities such as viewing and examining documents related to the Inheritance and on the basis of these documents a Deed of Declaration of Heir is made.
Legal Protection of Notaries in Executing Their Office in the Digital Era Nur Kusumah, Rizqa; Hanim, Lathifah
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.351-358

Abstract

This study aims to analyze the forms of legal protection for Notaries in carrying out their duties in the digital era and identify obstacles that arise in its implementation. The digitalization of legal services has encouraged the use of electronic documents and electronic signatures, but at the same time raises new issues related to the validity of deeds, official authority, data security, and the risk of criminalization for Notaries as public officials. This study uses a normative-empirical legal research method with a statutory, conceptual, and sociological approach. Primary data was obtained through interviews with active Notaries, while secondary data was obtained from a library study of laws and related literature. Data were analyzed qualitatively with a deductive mindset to obtain a comprehensive picture of the dynamics of legal protection in the digital era. The research results show that legal protection for Notaries in the digital era includes preventive protection through the regulation of authority, supervision by the Supervisory Board and the Notary Honorary Council, and electronic data security mechanisms in accordance with the ITE Law and the PDP Law. Repressive protection is realized through dispute resolution and legal mechanisms in the event of alleged misconduct. However, several obstacles were found, including a lack of norms regarding electronic deeds, limited technological infrastructure, low digital literacy among Notaries, and the absence of uniform data security standards. This research recommends the establishment of specific regulations regarding digital notaries, strengthening cybersecurity systems, and improving digital competence for Notaries to create a safe and equitable digital notary system.
Implementation of Supervision of Notaries Who Violate the Notaries Code of Ethics in the Form of Promoting Positions Through Electronic Media in Tegal Regency Wulan Dhari Asriningrum, Tri; Ma'ruf, Umar
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.359-367

Abstract

As public officials, notaries hold a distinguished position (officium nobile) and are therefore obligated to uphold the integrity and dignity of their profession. However, developments in information technology and social media have given rise to self-promotion practices that violate the Notary Code of Ethics. This study aims to analyze the implementation of supervision of notaries who violate the code of ethics by promoting their positions through electronic media in Tegal Regency. The research method used is a sociological juridical approach with data collection techniques through interviews with the Regional Notary Supervisory Board of Tegal Regency and literature studies. The research results indicate that supervision is carried out through a mechanism of examining public reports, clarifying the situation with the notary concerned, and imposing sanctions ranging from written warnings to temporary dismissal from professional organizations. Obstacles faced include a lack of awareness among notaries regarding the ethical boundaries of electronic media use and weak preventive oversight. Supervision of notaries who violate the code of ethics through electronic media in Tegal Regency has been ongoing, but is not yet optimal. Increased dissemination of the code of ethics, strengthening the role of the Notary Honorary Council, and stricter regulations regarding notaries' use of social media are needed.
Cancellation of Grant Deeds Made Before The Sub-District Head as the Official Officer of Temporary Land Deeds (Case Study of Decision No. 0200/Pdt.G/2019/PA.Pkj) Fatkhul Bari, Ahmad
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.307-316

Abstract

This research aims to analyze the judge's consideration of the cancellation of a grant deed made by the Subdistrict Head as the Temporary Land Deed Making Officer, and the resulting legal consequences based on Decision No.0200/Pdt.G/2019/PA.Pkj as well as examples of grant deeds made before the Subdistrict Head as the Temporary Land Deed Making Official. The method used in this research is a normative legal research method. The approach employed is qualitative. The data types and sources used are primary and secondary data. The data analysis method used in this research is prescriptive. From the results of this study are: Judge's Consideration Regarding the Cancellation of the Deed of Grant in the case of Decision No.0200/Pdt.G/2019/PA.Pkj the panel of judges who decided the cancellation of the grant based the reason for their decision that the cancellation of the grant based on the deed of grant number 222 j/BR/PK/XI/2007 dated November 23, 2007, was legally flawed, because it was not signed and/or fingerprinted/thumbprinted by the HUSBAND OF DEFENDANT 2 as the grantor. The legal consequences of the cancellation of the Deed of Grant by the Pangkajene Religious Court stated that the deed of grant was void and had no legal force and had fulfilled the provisions of Article 1688 of the Civil Code.
Legal Impact of the Division of Joint Rights to Land on the Obligation To Pay Land and Building Rights Acquisition Fees (Bphtb) Widya Anugrah, Valentin; Purnawan, Amin
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.368-380

Abstract

The Deed of Joint Ownership Distribution (APHB) in relation to the obligation to pay the Duty on the Acquisition of Land and Building Rights (BPHTB) is a crucial issue in Indonesia's land and taxation law practice. Juridically, the APHB is declarative in nature because it merely confirms the division of jointly owned property without creating new ownership rights. However, in practice, regional governments interpret the APHB differently when determining whether it is subject to BPHTB or not. This inconsistency has created legal uncertainty and inequality among citizens, as the tax burden imposed is often disproportionate to the legal benefits received. Therefore, a clear and harmonized legal framework is necessary to ensure that the application of BPHTB to APHB is consistent with the principles of legal certainty and justice. This research employs a normative legal research method using the statutory approach, conceptual approach, and case approach. The legal materials used consist of primary legal materials such as statutory regulations and court decisions, secondary legal materials such as literature and academic journals, and tertiary legal materials such as legal dictionaries. The data were analyzed descriptively and analytically by applying two main theories as analytical tools, namely Gustav Radbruch's Theory of Legal Certainty and Aristotle's Theory of Justice. The study reveals that an APHB without compensation does not create a new legal right and therefore should not be subject to BPHTB, whereas an APHB involving compensation constitutes a new legal acquisition and is thus taxable, as affirmed by the contitutional court No. 117/PUU-XXI/2023. However, the absence of explicit regulation in Law No. 28 of 2009 on Regional Taxes and Levies has led to disharmony and inconsistent implementation among regions. Based on Radbruch's theory, this situation indicates a lack of legal certainty; while from Aristotle's perspective, the imposition of BPHTB without any economic gain violates the principle of distributive justice. Therefore, harmonization between the Ministry of Finance and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is urgently needed to ensure fair, proportional, and consistent legal enforcement that provides both justice and certainty for society.
Legal Implications of Overlapping Property Rights Certificates (Case Study of State Administrative Decision Number: 83/G/2023/PTUN.SMG) Ajeng Wulandari, Cynthia; Arifulloh, Achmad
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.317-328

Abstract

Overlapping land title certificates is a common problem in the Indonesian land system. Overlapping certificates arise when more than one certificate is issued for the same plot of land due to administrative errors or inconsistencies in physical and legal data. This problem indicates legal uncertainty regarding land ownership. This study aims to analyze the legal implications of overlapping land title certificates based on Decision Number 83/G/2023/PTUN.SMG. The research method used is a descriptive analytical legal case study approach. This approach is used to analyze in depth a case that has permanent legal force, namely Decision Number 83/G/2023/PTUN.SMG, to see how judges apply legal norms, interpret related provisions, and consider legal facts in resolving disputes over overlapping land title certificates. The theories used in this study are the theory of legal certainty and the theory of legal evidence. The results of this study indicate that the problem of overlapping land title certificates is still widespread in Indonesia. This situation raises doubts about the validity of ownership and often leads to legal disputes. Therefore, strengthening the land registration system, improving the accuracy of the land database, and harmonizing regulations and administrative oversight are necessary to ensure optimal legal certainty and protection of land rights.
Analysis of the Use of Electronic Certificates in Preventing Land Certificate Forgery Sahroni Sofyan, Yusuf; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.381-392

Abstract

This study aims to analyze the use of electronic land certificates in preventing land certificate forgery, to analyze the obstacles and solutions to the use of electronic certificates in preventing land certificate forgery. The approach method used is the legislative approach. This type of research is normative juridical research. The type and source of this research data are secondary data. The data analysis method is prescriptive. The results of the study indicate that in dealing with certificate forgery through electronic certificates in the Regulation of the Minister of ATR/BPN No. 1 of 2021 as a form of land modernization. This digitalization is to increase efficiency, transparency, data security, and public trust, while strengthening legal protection and land governance that is more modern and free from illegal practices. In bureaucratic reform, electronic certificates by ATR/BPN are a step in land digitalization to increase efficiency, transparency, and accountability. Its success is influenced by socialization, digital literacy, and apparatus readiness, with challenges such as infrastructure inequality and data security issues. Implementation needs to be gradual and in accordance with the principles of good governance to create modern, safe, and publicly trusted land governance.
Legal Implications of Notary's Responsibility for Unlawful Acts in The Making of Authentic Deeds Purwanti, Indah; Suwondo, Denny
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.329-337

Abstract

Notaries as public officials are legally authorized to provide public services to the community, especially in the preparation of valid deeds that serve as flawless evidence. Article 1868 of the Civil Code stipulates that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This thesis aims to determine the legal considerations of a Notary's unlawful acts in making authentic deeds and to determine the implications of notary liability for unlawful acts in making authentic deeds (Civil Case Study No. 259/Pdt.G/2020/PN Gin). The approach method used in this research is a normative juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources, and qualitative analysis. This paper analyzes the problem with the theory of legal certainty and the theory of legal responsibility. Based on the research results in this study, the Gianyar District Court delegation Number 259/Pdt.G/2020/PN Gin emphasized that notaries as public officials have full responsibility for the accuracy of the form and content of the deeds they make. In this case, the notary was deemed negligent because he made several deeds used to legalize the "borrowed name" agreement between a foreign citizen and an Indonesian citizen, which is clearly prohibited by Article 26 paragraph (2) of the UUPA. Although the deed met the formal requirements, its substance was contrary to the law so that it was null and void and lost its authenticity. This negligence fulfills the elements of an unlawful act based on Article 1365 of the Civil Code and violates the obligations of office in Law Number 2 of 2014 concerning the Position of Notary. This decision emphasizes that notaries can be held accountable for civil, administrative, and criminal matters when the deeds they make cause losses and are contrary to the law. Therefore, notaries are obliged to uphold the principles of caution, honesty, and integrity to ensure that every deed is formally and substantially valid, so as to be able to realize legal certainty and justice for the community.

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